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Binghamton courier. (Binghamton, N.Y.) 1844-1849, October 22, 1845, Image 1

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£''*v an A \*i T H E B I N G H A M T O N O O U B I E K , -Is VftBETSIIED 'EVEIIY WEDNESD ATj A t $ 2 p e r a n n u m , i n A d y a n c e . / O f f i c e a t J . R . .Q rto W’ s B ookstore . t 1 41 RATES 6 F ADVERTISING, ( juiirC one week, % -■ - ‘ — j \ 0 0 0 50 three weeks, — — . , I. ,00 I y'ealr,' - - 8 00 ' column ! year, - ,1 5 00 Whole column I year, — , — — ,30 00 r^fessional Cards not exceeding 10 lines, 5 00 * ‘ [C^TLegal aJvertisetuenta al the rates allowed by law. HA.P, 2p?.-rAn.Actrecomfoeftd'irig a C'onven- , tion of tlie People of tliis State,; - ' P a s s e d INtajr 13,’1845. ffThdjPedfite o f the St&te o f New-York, represented %%,Senai.e and Assembly, do enact' as follows: ^r,S 1» TAeTflfepfcctors of election in each town,ward ; |»pd <»|^ft6M,Histrict in this.state, a t theknmial elec- Wgrf to be hefd on the Tuesday:, succeeding the first Jwbnday of November, one thousand eight hundred vand-forty-five; shall provide a proper box to receive like bhliots'ot the citizens of this state entitled to jfote at such election, in relation to the convention fiereinalter. provided for. On such ballots shall be written or printed, or partly written and partly printed, by those voters who are in favor of the pro­ posed convention, the word “convention,'1 and by those voters who are opposed thereto* the words | ‘fio convention j” and all citizens of this slate who shall b e e n t i t l e d by l a w to v o te a t s u c h a n n u a l e l e c ­ tion, shrill be'ailoir'ed to' vote by ballot as a afore! •iaiu a t th e p o l l o r e l e c tio n di.-striet in w h i e h hfe r e ­ sides, and got elsewhere. • • § 2. S;o much o f articles one-, two-and three, ofti- *tle four, of chapter one hundred and thirty, qf an act entitled “ An act respecting elections other than for military and town officers,” passed April 5, 1842, as regulates the manner of conducting elec­ tions and challenges, oaths to be administered, and inquiries to. be made of persons offering to vote, shallbe deemed applicable to the votes to be given «rqfferedunder this act—and'the manner of voting fend challenges, and the penalties for false swear- t»g, pre.3cribedby law, a re hereby declared in full force and effect in voting under this act. i 3. 'T h e said votes given for ancl against a “ con­ vention',” in p u r s u a n c e ofthis act, shallbe-canvas­ sed by the inspectors of the several election' dis­ tricts o r polls o! the said election, in the mariner prescribed by law, and as provided in articlefour, of title four, chapter one hundred and thirty of the said act, entitled “A n aclrespectingelectiohs other than for miiitia. and town officers,” passed April 5j 1842, as far as the same are applicable—an,d such “canvass Shall be completed by ascertaining the ■whole number of votes given in each election cHst trict o r poll for convention, andtne wholq number 'ol such votes, given against su c h convention, iri fhe form aforesaid—apd theresnlt being found, the in- tspectors shall make a statement in words at full 'lengihof the whole number ofballotts received in Irefiufon to such proposed convention, and shall al- a» St’ate iu. w o rds a t full len g th the w h o le n u m b e r of ballots having thereon the word “convention” alone, and also the whole number of ballots having thereon the words “no convention.” Such state- #nents as aforesaid shall contain a caption stating theday on which, and the number ol the district, rhe tfowaor ward and the county at which the'elee- •iiua* was held, and at the end (hereof a certificate ■.that such statement is correct in ali resp jets—which •certificate shall be subscribed by all the inspectors siid a true copy of such statement shall be immedi­ ately filed hy them in the office of .the clerk of th« to-.vnorcity.; . § 4. The original statements, duly certified as a l o r e s a i d , s h a l l be d e h v e r e d Ly the in s p e c t o r s , Or by one ofihetn, to.be deputed for that purpose,, to ihe supervisor, or in case there be no supervisor, or he shall be disabled from attending the board of county .canvassers, then to one of the assessors of tlie town or ward, within twenty -fcur h mrs after the same shall have been subscribed by such in­ spectors, lo be disposed of as the other statements aixuch election are now required by law. § 5.. So much ofarticle first, second, third and . fourth of tine fifth of c h a p e r one hundred and thir­ ty, of tlie act entitled “An act respecting elections other than for militia and town officers,” passed A p ril 5, 1812, a s regulates the duties of eortnty can-’ vus.>,c rs and their proceedings, and.the'duty of coun­ ty clerics and ihe Secretary of State, and Vr/e -board ptastate canvassers, shall be applied to fhe eanvass.- iftg ana ascertaining the will o fthe people of this state in reJai’&n to iko jM-vpu^cU conventhm—and if it shallappear by the said canvass that a majori­ ty Ot the ballots or votes given in and returned as aforesaid a re lor “ nq convention,” then and in such case the said canvassers are hereby required to cer­ tify and declare tliat there shall be no further pro­ ceed in g s under this act in relation to calling a con­ vention. But if it shall appear by the said'canvass that,a majority ot the ballots o r votes given as a- loresaidare for a convention* that then and in such cjse, the canvassersshall certify and declare that a convention will be called accordingly, and a co­ py o fthe said certificate shall be transmitted by the Secretary oi this stats to the sheriff, clerk of first judge of each ol the counties of this state, and shall be by diem published, ancl copies delivered to the supervisors ol ihe several towns and cities within iheir respective counties, in the same manner as notices lor the election of senators are now by law required to be published and delivered. § 6. In case the said canvassers shall certiiy and declare a majority of such ballots or votes to be.for a convention, it shall and may be lawful, and-it is hereby reccommended to the citizens of this ^sate, on.the last Tuesday of April, eighteen hundred a ml forty six, to elect by ballot, delegates to meet in convention for Lhe purpose of considering- th e con­ stitution o f this stale, and to make such alterations in th e sam e as. th e r ig h ts o f th e people dem a n d , a n d a s they m a y deem proper. §7. The number of delegates to be chosen to such con vention shallbe the same as the-number of members of-Assembly from tlie respective cities and counties in this sla'e. All persons entitled to vote for members ol Assembly shall be entitled to vo e for such delegates. Such election shall in all respects be conducted as is now provided bylaw for the election of members of Assembly—the polls opefted and held in' the same manner, and the can­ vass and other proceedings to determine the elec­ tion o fsuch delegates conducted as is now pre.se ri-’ ed by law for electing members of Assembly. < § 8. The delegatesso chosen, shall meet in con­ vention at the Capitol in the city of Albany, on the first Monday o f June, eighteen hundred arid forty- stx. They shall, by ballot, elect one o f their num­ ber president, a n d may a p p o i n t one or more secre­ taries, a.printer, aftdsuch door-keepersand messen­ gers as their convenience s h a l l require—and such delegates and the secretaries of the convention shall benntitled to the same mileage for travel and the same per diem a l lo w a n c e , a s is n o w paid to m e m ­ bers Of the legislature, and the printer, door-keep- e r s a n d m e s s e n g e r s sh a ll r e c e iv e th e s a m e e o m p e n - sation a s is provided by law for similar services and a tte n d a n c e upon the A ssem b ly. The am o u n t ofpay shall be certified by the president ofthe con­ vention, and shallbe paid by the treasurer of the station-the w a rrantor the comptroller, inthe same eaanner as members <>f the legislature are paid. It shall be fhe duty ofthe seere ary of state to attend •said convention n t the opening thereof, and he and •afl .public officers shall .furnish sueh convention whh-all such papers, statements, books or other pub- Iksdocuments in their possession, as the said con­ vention shall order o r require—arid it shall be the duty o f the comptroller to furnish the memberswtth all such stationary as is usual for the legislature while & session. fiSv -The pivceedingsof the sa'id convention shall be-filed iir the-office ofthe Secretary of State, arid the amendments to the constitution agreed to by the said convention, shall be recorded inhis office—the said amendments shall be submitted by the conven­ tion tothe people'lor t h e i r adoption o r rejection, at the annual fcie'ctidn to be held onthe Tuesday next succeeding the fir$t Monday in November, one thousand eight hundred . a n d * forty-sii—and every person efititLed to vo e at that election may Vote the re bn, in the election district: in which he shall tliett reside, arid not elsewherb: The said amend­ ments'1sbait be so prepared find distinguished, by numbers o r otherwise,* that they caff b evpted’upqri separately j and they shaff be so voted upon, unless the cohveriuda-shall be o f the opinion that it is1 jm- pfacticafele'tb' prepare them so ihat thev can be yfo ted upon ic .that manner—and i f the said cortven- tibriWaff*% tesol utiondecla re t h a t iii its judgment gelher. Jn either case the conventipn- shall pre^ scribe the form* p£ th&hallot, th.e publication, q f tlfe a^ndrnqnts, and thepotieefQ. begiven oflhe«kic- tidn^ In casse the saidJame.ndments.shall- be vqfced upori separai’ely,^eyery: ^ersoneuiitleA tovole there­ on, may vote, for or against. , any o nepr more of 'blectiqn mpntiotted in, this seetip|i on the said amendmera^ which ballots shall haver .priced, ly^wrktew’-and; partly pripted, upon' them, so that witeMjifiy « r e ipldeddt wilf appear qn the * outside ofthe'baHbt—and alj'the provisions of the lawspf “ Equal Protection to all •ClasseS.’Ui^jiBsiKj JfiJMr VOL. VII. NO. 31;] BINGHAMTON, N. Y —WEDNESDAY, OCTOBEU 22,1845. [WHOLE NO. 735'. this state in relation to* th e election of officers at the general election, shalf apply to the voting uporii the said amendments, so far as the Same - cah be made applicable thereto,-and the votes given upon the saifiamendm eas shallbe given^andcanvassed,, and all the prbceedifigs shall be had in regard toi them, as nearly as practicable in. the manner pre­ scribed, by law in respect to thevotes giveri forGov- ernOr. Each of the said amendments which shall r eeiVe a majority o fall the \vqtes given uporiit at the election mentioned in this section'shall bC'dee- med and taken tp be* a part of the’coristitution ofthis state, and shall take effect ‘from and, after the thirty- first day of December .in the year one \thousand eig h t h u n d red and forty-six, -unless tb e s a id c o n v e n ­ tion shall prescribe softie other time- on which the same shall take effect—and each ofthe:S3ic| amend­ m e n ts w K tch s h a l l n a t r c c e i ' e a j n a j erity of all the votes given upon it at the sari'd election, shall be void and .of no’.eifecr. §. 10.; All, wilful,and cyrrfipt fajse swearing, in ta­ king any o f the oaths pfescribsd hy this act, o r by the laws of this state ffiade applicable to this act, or any other mride o rtbrpi in Carrying into effecflhis act, shall be deemed perjuiy, hnd shall be punished in the manner now prescribed, by law for wilful and corrupt perjury. § i l . It shall be the duty ofthe Secretary of State to cause this- act to -be published once a week for twelve successive weeks previous to the election,in not less than t\Vo Qr more than four of the public newspapers published in each qf the several coun­ ties iri t. is state in -which two or more public news­ papers are published—and in the public newspaper in all those counties w h e r e o n ly one publicm e w s - paper,ispublish’ed—and shall also cause to be trans- mittetrto the several clerks of counties in thisstate shell number of copies of this act, with the necessa­ ry forms and instructions, as shall' be sufficient to supply the several officers' who are to perforin the duties.prescribed by this act—and the.said clerks of counties shall distribute - the same ,to such otfir, cers, and the expense of publishing and distribut­ ing the same and all'other legal expenses incurred in printing for the convention shall he aifdited by' the Comptroller, and paid by the treasurer accord­ ing to law. , . , § 12. T h e copy o f the certificate o f th q state can ­ vassers s h a ll in no case be directed to the c le r k o f a county, unless the office Of sheriff of such county sh a ll then be vacant, n o r to th e first judge, unless the office ol sheriff and clerk shall boihbe vacant. § 13. Th ■ corinty ofHamilfon and the county of Pulton snail jointly elect one delegate to the con­ vention in the same manner, and the votes shall be canvassed and trarismiu ed * in the same manner, as now provided by law in reference to members of Assembly. S tate , o r N ew -Y ohk , ) . Secretary’s Office. $ I have compared the preceding with the original act on file in this office, and certiiy he same to be a qorrcci transcript therefrom, and ofthe whole ol said original. Albany May 14th 1815. 1 ■ N. S. BENTON, Secretary o f 3ta*e. M ORTGAGE SALE.—Morrgagor, Samuel G. North, Mortgagee John Lock wood, Assignees of Mortgage, Edward J. Boyd and Joseph B. Abbott; Mortgage dated the 8 th day of January A.,D 1845. Recorded in Broonje county clerks office, the 13th day ol January A. D. 1845 at 3' o ' lock P . M. in Book of mortgages No I t , pages 493, and 494. Amount claimed fo be due at the first publica­ tion ol this notice Thirteen dollars with interost on the whole sum—Description of mortgaged paemises. “All that certain Lot piece or parcel ofland situate in the said town of Conklin aforesaid in the tract of Land, formerly owned, by Jonathan Hedge. .T h e said parcel ofland here­ by intended to be conveyed is move particularly described as follows, to w it: Being ten acres of Land laid out in as sqna-e form in the south west corner of a Lot of land now .owned and occupied by W alter June rqid being the same piece ofland conveyed hy W alter June and wife to John Cruser as surveyed by William W entz April ISth 1839- excepting out o f the said ten acres, two acres off tbe west­ erly side sold by the sitid party ofthe first part to Isaac Conklin—Default having been made in tlie payment due thereon, said mortgaged premises will be sold at public auction on the 20 th day of November next, at 1 o’clock P. M. at the Phenix Hotel in the village of Binghamton. Broome county. Bated August, 26, 1845 EDWARD J . BOYD, J08E1TIB. ABBOTT, BiRDSALE. & B a r tlett, Attys. Assignees. 23 B I N G H A M T O N A C A D E M Y . . » - • g ' ■ * T HE fall term in this,flourishing Institution wjll commence on the 4th Monday (25thj of Au­ gust, under tbe same able faculty of teachers as heretofore.' The Academy bhildirig will be repair­ ed and its: accommodations extended to meet the wants o f the constantly increasing number ofstu- tfents. * ' \ . ‘ TUITION\ PER TERM . * For Latin, Greek, hud French Languages, Natural Pnilbsophy, Chemistry, Astrorio- ' my, and Botany,. • , For Mental and Moral Philosophy,Rhetoric, Logic, Algebra, Geometry, Trigonometry, -* a n d S u r v e y in g , ‘ •* ' ’ .Common English Branches, ^raw ing and Painting extxp, M u sic on Piano Porte and, Organ, extr.a, ' Tuition payable in advance to B. M arvin , retary of the Board of Trustees. - TEACHERS. E. M. ROLLO, A. B., Principal. M ILTO N W ALDO, Assistant. Miss H. A. HINCKLEY, Principal of Female D e p a r t m e n t. Mrs. L. W . ROBIE, Teacher of Music. N. S. DAYIS, M. D., Lecturer on Chemistry. MYRON MERRILL, Pres’t. B. M arvin, Sec’y. Binghamton August5tli 1845; $6 00 5 00 4 00 3 00 9 00 See- F E M A L E S E M 1 N A H Y .' ISS L . L. PH ILLIPS’S School f o r YOUNG LA­ DIES will be re-ope'ned at tile residence ofN. Tuck­ er, on the 17th ofSept.embur next. The fall term to con­ sist of 14 weeks . r TUITION PER TERM. For Geography, Graminer, Arithmetic, History and Composition, • . n < $4 00 For G eographt'ofthe Hqavens, Natural Philosophy §5 .00 fntcllectual Pbiolsophy, Botany or Chemistry, Rhet­ oric, Logic, Alg’ebra and Geometry, • ’ $6 00 B racing (the pupil finding their own patterns) and , French, ear]),, extra, $3.00 As thennmberofpupils is very limited, the institution of­ fers to parents ahd'guardians a desirable opportunity totif1, lord those under their charge, the advantages of gair.ipg a thorough knowledge of the branches taught- Every effort will be made i.u render it worthy of patronage, and from Miss Phillips’s experience and former success in teaching ' she is confidcntofgiving satisfaction to her patrons. BOARDING for a fewyoung ladies can be procured in the family with the teacher, on reasonable terms. Binghamton, Sept. 2d 1S45. • n24tf B Y ORDER, oif tlie Honorable W illiam Sey- morir IfirSt Judge of the County Courts of the county of Brooine anil counsellor at law—Notice is hereby given that an attachment has issued a- gainst the Ssfate of David B o u n d , now or late oi the town of Conklin in the county of Broome and state of New York, an absconding or concealed Debtor, on due proof made to said Judge and'coun­ sellor, pursuant to the directions of the Statute con­ cerning “ A ttachmentsagainst absconding, conceal­ ed and non resident D'ebtors, and that tbe same will be sold for the payment ol his Debts-, unless he the said D a v i d 3ouncl appear and d isch a r g e , such at­ tachment according to law 'w ithin three months^ froih the first public|ition ot th»s notice', and that the payment of any Debts a n d the delivery of a n y prop-, city jelongiiig io ;he said Debtor to ivm or for Uisi u s e a n d .th e t r a n s f e r o f a n y p r o p e r t y by h i m fo r a n y purpose whatever are forbidden' by law arid are- void. Dated August 11,1845. G. W . H O T C H K ISS, Atty n'22 lor Altaehing Creditor. S H E R IFF’S SALE.—By virlueof one execution issued out ot the office of the clerk of ibe coun- ty oi Broome, and to me directed iarid delivered a- gainst ihe goods and chattels, lands and tenements of George W . Bush in my bailiwick, I liaveleviedi on, and shall ex p o s e for sale at public auction as the law directs at the Tavern now kept by S. S.. Stevens at W hitney’s Point in the town o f Lfislb and county of Bioome ancl state of New York, on Saturday, the 15th day of November next, in the year of our Lord, one thousand eight hundred and forty five at 10 o’clock in the forenoon of that, day, all the right, title, claim, interest pr demand of the' said George W . Bush of, in and to the following: described premises to wit: All that certain piece1 or parcel o fland situate in the town of Nanticdke c o u n t y o f B r o o m e a n d s t a t e o f N e w Y o r k , being; filty a c r e s o f l a n d p - .r e e l o f l p t n u m b e r tw o h u n d r e d , a n d s e v e n t y five ( 2 7 5 ) in th e g r a n d d iv i s i o n o f th e 1 B o s ton p u r c h a s e s o c a lle d , a n d b o u n d e d a s follow s,, ytz: beginning at the north west corner of the lorfl th e n c e so u th on ih e w e s t l i n e h a l f w a y a c r o s s t h e lot, thence east in a line parallel with thenofthi line of the lor, so far that a 1'ine north to ’the north line ofthe lot, and thence west'to the place of be­ ginning,’ shall includesaid quantity of fifty acres — together w i t h .all and singular the hereditaments and appurtenances thereiuito belonging, or in any w ise a p p e r t a i n i n g . Dated af Binghamton thi s 29th. dayaf Septemberffn the year of our Lord, one them- sand^eight hundred and iorty.five.f JOSEPH B A R T L E T T , Sheriff. By ' O tis L ewis , Deputy. n28 SHERIFF’S SALE.,— .B y vjrtue of one execution issued ( out o f tbe clerks office o f the county of Broome, and to­ me directed and delivered, a g r i ,ist the g oods and chattels lands and tenements of Albert Grton, in iny baili wick, I have levied onand shall; expose for safe at public- auction as the law directs, at the Public House now k e p t and occu­ pied by C h a rles W a lter in the town' i f Lisle and county of Broome and state of N ew York on S aturday the 15th day of Novem b er next, in the y e a r o f our L ord, one thousand e ight hundred and forty five a t i q’.clock in the afternoon of that . day, all the right, title* interest,' claim and dem nnd.yf the said, A lbert Orton, of ill a n d .to the following described premises, to wit : All that certain lot .piece or parcel. of land urinate in the town ot’Lisle and county- of Broome*add Stftte of New York, b e ing tbe 'tvest hal'fof the dast half o f lot fiumber four hundred and -seventy- three (473) in 4 he ■ grand' division o f the Boston purchase so called, Containing by estimation t sixty eight ( 68 )’ acres ofland be the same more oir less —together with all and singular tbe hcrcdtta,- ments; and app urtenanfces, I h ereunto belonging or in any wise appertaining : Also all the right, title, claim and de­ mand of the said A lbert’O rtoriof iri and lo the west part a f theaaid lot No.,four h u n d red jind *eventy[three (A73)rin li*» ; g randidivision ofthe Boiston JBurchas‘e / s o called, p f which Dariu* Orton died scized ,’containing sixty (60) acres af (atod- more.or less—being the saine prem ises.’qnitelaimed by Dafvid Stevens and C h a rles Brookins, two o fthe heir* f t law o f th e said Baiiui'-'Ortria' ffi right, of their w ives^tp Luifibi^rtand Albert Ortopjrw ilw tweritefih-dayhf'Julyj Ax D . one thousand e ight h u ndred-apd jthirty nine—togelh- ^r.with' all and singular the hereditam ent* and apparte-; narieei I h ereunto belonging o r i n n n y iriteappertainlng.--- pated Bi«^i|itAr4lii¥3iM|^adjr df ||s>tepih®rf.Ki;th* year | JBy O tis Lywis*jgraj»olyi:'-V 7 * ' fH O D F lS H AND M AeKEREL,'firstqua)ityTor SLi^ s & lb tiS r * I r w ; TGM F K iNS.' N O T I C E . T HE Notes and’ Accounts o f th e late firm oi “ OVERHISER & COFFIN,”'areassigned to A. J. Coffin of Poughkeepsie, ancl arc jn.mv pos­ session for Collection. All indebted to said late firm will save cost by paying immediately. H, S. GRISW OLD. .Binghamton Oct. Rtl845. n28tf M E R R I L L & R O O I V FASHION FOR FALL 1845. T HE subscribers are now ready to Furnish tlieii friends and customers with H A T S of the fol­ lowing style. , . . . . . . Crown—-7 inches high—) Bell—9-lff Yeoman— | Curve. T ip —J Oval. Brim—24 inches wide. Ourl; small and round, rather fuller at sides, meeting at front and rear wi th a very fine turn. Set—Slightly rolled at sides and the under part of the brim 3-16 sloped and 1 inch curved. Band and Binding 11-16 inches wide. North side of Court sireet. M E R R I L L & ROOT. Binghamton Sept. 9, 1845. . O a ts and F la x Seed W ANTED hy S. H . P. Hall, and the Highest Price will be Paid. O ’ Look for Hall’s Store il you want to sell P R O D U C E . Sepi. 8,1845. _______________________________ N E W F A L L G O O D S at H A L L S. A L a r g e L o t o f u n c o m m o n l y C h e a p B R O A D ­ CLOTHS, have jusi, been received at Hairs, also Calicoes, Sheetings, Tickings &e. Goodswi-11 be sold at H all’s at such prices as will induce all to purchase who wish to get their tall goods. Sept. 9th 1845. Crockery and Loooking Glasses at HALL’S. O NE of ihe largest Stocks of Crockery is for sale at Hall’s which is to be Lund in Broome County. The prices are made to s -it the timesrcall and see, if you want te find a complete assortment. Sept. 9th 1845. D E N T I S T R Y . T h s su b s c rib e r co n tin u e s to perform every operation upon the teeth accor­ ding-to the most modern and improved principles of ihe a r t . T k e ^ e w h o a r e d e s irous o f rep letin g the vacancies caused by the loss ol their original teeth a r e r e s p e c tf u lly in v i t e d to c a l l . T e r m s r e a s o n a b le . Office directly opposite the Phenix Hotel, and over U. M. Stowms’ Store. J. C. ROBIE. N-. B. Dentists supplied with full sets of instru­ ments. Turnkeys arid other srifgfoal instruments kept constantly on hand and for sale. J. C. R. ROOME COUNTY CLERKS OFFICE—No- tie e i s h e r e b y g i v e n th a t a p a n d l o f g r a n d an d Petit Jurors to serve at l Circuit Court, and Court of Oyer and Terminer, to be held in and for the countyof Broome at the Court House in Bingham­ ton on the third Monday in Nov. next will be Drawn by the undersigned at the clerks office on Thursday 23d day of Oct inst at 10 A. M. Oct. 13, 1845. (30) GEO. BURR, Clerk. M ORTGAGE SALE.—Mortgagor, Joseph IC. Rugg, Mortgagee- HerirV Mather, Dale of Mortgage the twenty-ninth day of March A- U- 1839;' Recorded in the Clerks office of the county of Brooine on the first day of April 1S39. in Book, of Mort^a^es number el^hr, pa^es lour hundred and eight* (408) ahd four hundred and nirte' (409); Mortgage duly assigned by Henry Mather lo Cyr,iis;Strong. The sum of four hundred and sixty dollars and twenty five cents is claimed to be due on said mortgage a tthe first pub­ lication of this notice : the mortgaged premises are descri­ bed as follows: AlUha’t piece or parcel of Land lying iri lhe village of Binghamton, being lot number six ( 6 ) in .EH hu Ely’s sub-diyision of lots number three and-lour (3 arid 4) inthe plot of the villdgeiof Bintrhamton, boirilcled as fol­ lows: north by lot number four (4) of spid subdivision, east by Washington street, sbuth by land of-Mason W hiting Jun., west by land of John T. Doubleday; said lot being fifty eight (58) feet'froht and rear, Sind one Hundred itid thirty five (135) feet deep, being the sanie premises con­ veyed by Elihi? Ely to said Mather. Default having been made in the payffient-of the riiJrieys Secured by said mort­ gage, the above d escribed premises will be sold a t public auction oil Thursday the twenty fifth -day, of Deeeinbfr next, at one” o’clock P. M. atth e Phenix Hotel pi Birig- humton. Dated Sept. 22d 1845: ■ • . ’s ; , GYRUS STRONG, Assignee; John C^app, Atty. . . ri 27tds T h e cu r s e o flhe poor or* E n g l a n d , lies— Now arid forever more— ■' 1 J- > • T h e cu r s e of th e behgair w h o , Bt*Tvirig, .Tdies -- ' t I n s i g h t o f t f i e riob|e'mari,8pal«.ce;ddor: And tha't 'ciiree'one day w'ill work its way-; ■ - And’with many a grritin,^ ' ■'’* ' ■ s - Th’c-harlot of nations, iri «carief afrrayed, ‘' ’ Shall die oriher gilded-throne. ■ i , T h e cu r s e ofithei.past on England ^ wqighB-T- . • N o w an d .lp r e y e r mpre'-T— And though daintily now, she her .body arrays, •.. * In.a.robeof velvet etnbroidered qler—• - Yet the day shall come when.the tru.mpel anffdrp.rn:. And the laugh oLlhe Gaul, ; , <MtJ_ . j.. - , , ; S h a ll m a k e up a funeral m a r c h to th e tom,h, i, ’ • , W h ile lhe nations rejoice a t h e r fall. . ■ T h e ; cursfe o f l h e 'd e a d pri'j!JNi3i.AND Hears— * N o w arid fotev'er m o re— ^ F o r th e very b a n n e r h e r proud ship w e a r?, ' Js dyed w ith-her vi'ctim ’s gore'. ' ' ' A n d the dead shall be heard, w h e n (he e a r th is s ti r ’d, A n d the phantoYhs so pale ‘ Sliall flit w ith delig h t to see h e r last hour, A n d r»ock a t h e r dy in g w a il. [ Aristide an. _____ « _________ t . ' ■ . . \ ' . . . ■ G e n e r a l J a c k s o n . •[The fpllo.yving.incident occured on a visit o f m ine to., \ty’ash in g to n city in :1$34. I t s tru t h riiay be reli­ ed; on.] ■ . 1 t . . . I . i A-w idow lady in ralhor straightrid; crrcum- ’sta.rice,-3, had been Jcecpjng a boarding house for- soine. .years in that city, and dttrifig lbe g e n e r a ! pro.styaiion of active business, gro w i n g out of the currency., d e rangements of .that date, had got in a.rreai:s,r,andi0 pay some of h e r most urgent dobifi, sent such of h er f u m i iure as she could pos* gib|y spate, to .auction. T h e purchaser was a- cleric in one of t h e .'governm e n t offices; one of ihose public loafers of which there has alw a y s been ioo iRany at W a s h ington and elsewhere, who run in, debt a s far as they can obtain credit, and without ever intending to pay. T h e lady called on the auctioneer, a respectable man nam ­ ed M a u ro, I; believe. . H e called on the official, wpo proposed, to pay as soon as his month’s sal­ ary was due. T h e jnonlh rolled round, and June succeeded March,■ and September June, wiihout payment being reade^ to the great dis- tress of the. widow acd uneasine^s.of i h e auction-- eer. And after further application, the office-- hplder refused absolutely to do ajnytliing, .alleg­ ing it ,o.«t o f his pow e r to, pay. • T r ie s q m w a s too large lor the auctioneer to .spare out of his own pocket,,or he wpuld have,paid;it himsalf, so deeply did he feel for the poor creditor. In. this perplexity, he concluded to c.all u p o n . t h e President and state the case,: h o p ing he would suggest some relief. H e waited, therefore, on G e n e r a l Jackson with his narrative. T h e old man’s e y e flushed fire. “ H a v e you Mr. P — r—’s note/”’ he enquired., “ N o ,” was the reply. “ C all on him, then, and without speaking ofthe purpose for which you .want it, get his negotiable note and bring it here.” T h e auctioneer accordingly asked P for his note. “ W h a t.do you want with the notej I don’t know any body who would lake it,” re­ marked the debtor, adding, however, as he sal down to write, “there il is.” M a u r o promptly returned io the President, b i n d i n g him the note, who, without'say ing a word, sat d o w n and wrote on the back o( the paper “ A n d r e w Jackson.”— “ N o w sir,” said the G ’e n e tal, “show M r P —— the endorsement, and if h e don’t pay.you, let me know it.” T h e first man M a u ro met a* he en ‘-A h !” said the fscjid cifonge ofcotintenarice p r o c e e d in the paUejjl by washjng the .skip” r. C lose of t h e D e law a r e T r ials; EDWARD O’CONNOR? .< CONYiCTED OF llU ftpE R —YAN STjEENBURGH AND’, O’ -STATE PRISON FOR LIFE, AND THIR- ^EEN FOR A. TERM QF YEARS, s tered Gadsby’s Hotel vvas P ------- he, “ have you passed the* note?” “ Not yet,’ said the other, “but 1 expect to, for I have got a first P- rate endorser to it.’ Nonsense,” said. -, f<\vho is it?” T h e endorsement was shown him. H e turned, pale, begged the auc- u'oneer to wait a few minutes, went out, and in a short space of time returned with the money, which was paid over io ihe widoiv that day, to the gratification of all parties. P —r— kept qui­ et on the subject fo<- yearSj but finally on a re­ m ark beinjv made in his presence,, that General Jackson did not endorse for a n y body whatever, rem a rked he’ k n e w better, For’the' G e n e r a l had endorsed oiice for him, and produced as evi­ dence the note, to the surprise of all who knew hot the circumstances of the case. , / N OTIQEr^Tri- discharge frq.m Imprisonment, pursuant tQ.ar.ticfo .fifth.,of title-one qf chapter five o f part second of the Revised Statutes, °v , Edward T . Armstrong of tlie iriilage o f BiligKafti- ton in the county of Broome; Notice first published Sept. 17th l845—creditors to appear beforethe Hon. -W illiam Seym o u r first Jridge offtheCoilntv coutts. ol tl)e.county o f Broome ari'd; counsellor at Litw a't his, office Jrin the.: village qf/Bjiughaffiiori :iH.i^aid comity omthejOth dayr.qfN.ovefobeL ne^ct aLlO.p’- clock A iT ifi1' . ........ V a l u e o f t h e c o l d b a t h — By, a dislin -' ffuisAect P h y sician ,— I do n o t think the g r e a t e s t 4 b e n e f it ofthe cold b a t h is to be found m iffi prove- ing a remedy for disease, though as such it is highly valuable. It is in preventing disease that its worth is pre-eminently seen. If commenced in infancy, almost any child may be inured to its use, and its constitution so tempered as 'to be-but little affected by atmospherical vicissitudes. -If commenced at adult age .before disease has be-- gun its ravages, or the constitution'greatly hrider- minedj any p n e m a y so f<ir ha idea- h i msel ft o' o u r c lim a te th a t its s u d d e n c h a n g e s i w i i i d o h iiw b a t liitle injury. I consider the cold*bath, if mericed early, and properly administered, as the- g r e a te s t sa f e g u a r d a g a i n s t t h e v a r i o u s .d i s e a s e s of o u r .clim a te vvith w h ic h w m a r e a c q u a in te d : -If ifbe.true, as ha? been s.aid, of the. Aborigines of th is c o u n tr y , th a t, th e y .im m e rsed th e i r n e w l y b p m infants, in. .cpld w p ie r u it js, to s a y . the .least ofit, not a , very .unvvise o r injudicioust p r a c t i c e d N o ,person can ljvc in;our c lim a te wiipout expo- s n r e lo iis-Jyici?situdes,.andth,ere{i3 not^hing'so ef- jfectnal as thft.UftR of.pold;, vyRter .io. some way^, applied aAg the surface of„the body ..-1 As<a c$y, in cerxain dis.easesi?ii is inyajugfole j ^ suchiris sAiiill p0X', 4 scar.ie(fever,tme^fos.arind.other,rash*. es. >In all these, yv.e may .vyasjirthe skin fyee.lv with, cold vvptecj from. the. goujmoosotRetJLtqjbe' cios§ q | thedj^easeiv /^ ^[thus^epdYJrfdsofij.ffi.e acqd m a p e r .gai^e^ N O T IC E .— To discharge from Im prisonment pursuant to a rticle fifth o f title one of c h a p ter five ofpart.sec- ond thri R e v ised § f a tare,tlr‘ J , ■ Jo h k B. ofBttwniej. Notice fir^pubtishcil^egt..*;?*! lhe fore Giles W ..Hotchkis 8 Esq ,i Supremq Court C6aiiiUS-r :siariev, at histr&ce in Birighamtoix on the; 14th*' dhTpt No’- Vember next •t9. o?cloc1t A. ;M. * ^ ’ VAwlri y' A l ? M N W T R A T t i 5 i ^ t o G i S E ^ t | i > ; *xX ane^ bf ah^Ofdrir ot the ^BUfrdgKte Go'unty o f Broome^ 'notice i,s - hefefiy given to all perscffis who rieYetc.ffivms'agaii^Jhe e a iye of John Toddi deceased,4to exhibfoAhe^'in«>jfotJ)f pouchy ers thereof, tq the undersjgned, a d ministratnxand adminiStratbr^tbfesaid\ d e ^ t l e n i ^tiBeidfvellirig Cbaffty1 on,prpefdr*t|i«t 3d d ^ b f i a i i i U t f y U i e x t . f ^ s d Ji»/ .ly 3d. t 8 0 L - J .. i . ■ >’ •/ i.) a ■ > ’ LtJCY B. TODtf, Administratrix,,; . . i f JAMES B. CHURCH,1 Aamihistralof: - laiy. ', D ^'Eberle, in J p s F facticeqf Me(licine,on scarlet-fever says, ''Tffe application o fcold water it) the syj^ace ?of thp body canpot be too s trongly fecoiniheptled :n4 the higher grades pf this aflt-c- :fibn?>il.v.And ,he .qjioles-^Lhe following passage frjom , Bafenxan: ^ V . _ . - _ | “ :A s f a r a s ‘ m y |e x p e r jerice,hastatight me, we are possesefl o f no physical ageni, by which the functions oi the anim a l economy are controlled M t h so mqch pririiinLy.;safety,;arid promptitude, ’as by thea'ppliratiori of cold Wafor totne skin, un- Jdef-the ati^rnerited hleat of Scbrlatina and some ■©(Her T h i s exjjedient combines in itself ail-the medicirial pro'perties which are indicated ini this state of disease; an d ' which we should scarcety expect it to possess; for it is not o n l y f h e rROsf effeciuril febrifuge; but it is in fact the only sidjhrjic d r ddijiit Vhat wilf not disappoFnt the expectation bfthe practiuoner.” “I have had the satisfaction in numerous cases. o f witnessing the Jmm e d iate impi'ovemeot of the s y mptoms and it j [Correspondence o f t h e A lbany A rgus.] ' . ••■‘U • ’ >• - * •*’D e l h i , O e t.lljT 8 4 5 . ' iDear sin:- This -has bben a metilorable yet* melancholy day for .Delaware. T h e laws have been, triumphantly ^'vindicated and the hydra- ‘beaded monster, insurrection, I believe has been subdued— t h o u g h ’hum a n life and ' libeYly are' ri.he consequences.- T h e Court this -noon'Ad­ journed sineidie) the prisoners'having- b'een ail disposedof. ’ Last evening about 11 o’clock the Attorney Generail-closed bis sp'eechno the j u r y in the case of O’Connor; a n d Ju d g e P a r k e r arose arid ad­ dressed the j u r y substantially'as follows: “ Gentleriien ‘S — A t’lhis late Hbiif o f the night^ it is not niy intention to occupy a great deal 01 your time' in exam ining the' ^testimony in this case ; but it is* mv duty to CBLll 'your attentiori^ t o ’ the law as applicable to the crise. : “T w o ’ facts'must be eStabliVjfed B^yqtiifl'’a31.: feasondble doubt, in order to b.dhvicYthe prisop- e% of* mtiVder: ’ T “ 1st.' T b a t a ’niufder ,v\td4'ico.m'hfi1ite'df ^ T h i s , is the corpus !d:eliof,i-fihe tody o^i/ie offence^-’ the'w h o le'; prosecutioh tesis oii j that fact— a h a , unlds? clearly esia bf ished, 'the prosecution faits. It’is hot riecessary' to d ivel'i upon t h is!' A m u r ­ der i s ‘c learly'proved by several witnesses— es tablished beyond'a s h d d p w oFdoitbt.’ ' It isuridjs- putedv It.appears tliiit O s m a n /N ! Sieele. on ihe 7th day of August, then lender s h e r iff of this county, proceeded to tlie premises of Moses E a r l e in Ahdes for the purpose of selling under a dis­ tress m a r r a n t : that h e ’a rr ived oh thb premises about 2 o’clock on that day ; that Hfe fourid as­ sembled there over met), disguised and arm ed. with the evident purpose'of resisting the law “ •that in effecting th’ar rbsisience, Steele lost his i o / ‘ , ^ , . *' life. Clearly, fie was murdered ; as to this fact, there'Ts rio dispute.' ‘It Is'useiess' to’slop and fn- q u i r e whetiier' Steele firqd first. It is by;the stau uies of this state, a justifiable hbmicide for a n of­ ficer-to lake life if riecessary when reisi.sted in tHe discharge ofhis'dutv; but it is conceded 'that ’ • r y ' 1' , ' { ’ ' a » , n e ither Sieele 'rior 'Edgerion fired ; ' and it Is uri- pecessary-for me'to diveil longer o:n this pdinj. I pass to'otHqr facts! ; * _ \ “2d, who committed ‘th a t ' 1 m u r d e r ? \You must ascertain that it was the prisoner at the bar, before you are authorized to pronounce\ birr) gui!tjr. It is proved that fiom 15 to 20 gttus were fired, and that by some of them Steele lost his fife. N o w , who are responsible for this act? And here some questions of law arise, which it is m'y duty io explain to you. W h atever doubls there may have been beforethe Revised S attites, as lo what constituted the crime of murder, it is now clearly settled by the statute, which 1 shall read to y o u : ,, “ ‘Such killing, unless it be' m a n s laughter or excusable or justifiable homicide, as hereinaf­ ter provided, shall be m u rder in the follo.wing cases: 1 “ ‘1st. When perpetrated from a premeditated design to effect the death of the person1 killed, or of a n y hum a n being.’ as -when '(-'aid J u d g e F.j one lies in wait lo take the life o f his neighbor. “ •^nd. W h e n perpetrated by any a?t immi­ nently dangerous to o t h e r s and evincing a. de­ praved mind; regardless of human life, a lthough without any. 'premeditated design lo effect/the death of tiny particular individual^, as (said Judge P.) tyhen a loaded gunffs d ischarged, into a crowd arid a deaih ensues, it'-is .murder* be^ cahse it e vinces a d epraved .rhind. . “ ‘3d. W h e n perpetrated,Withqut aiiy design \\ death, 1>V a person engaged jn ihecom - misston of a felon}'.* The case before you comes more particularly\.under.this section.^ Jn'tJhis case, if it were proved that the prisoner_ had.fir ed at SiCele, it Would come under tlie 1st subdi­ vision of the statute. And if a n y persons enga­ ged' in the comriiissioh o f a felpny’,wilbdui,a pre­ meditated design to take life,'a 11 y o n s jiiring to­ gether for a pajlicular purpose, and dqaiH eji,- all are gulltv of murder. , W h e n .hum- zy sues ber of persons assemble iri this manner,.arid pifo commits the triurder, that One is nod a lone liable] all are equally liable. Ori thj's decision. ‘ o v er 200 persons were present, disguised and armed, and it is irnpOflant to ascertain whether ihey were engaged in ihe conimission of a ffl’oriv.—- / ^ • • ■ * * v i ■ ’ J • i ' *• / ' ■1 « ^ ^ N o tv what is a felony .? JL'will refer to the stat- i I i... *7; . V - I .A ')l.' '•!'! ' ■ ute on that subject w.hicn s a y s : ,, “ ^ T he-terin felony, w h e r e used*Ih this act, fir. In a n y cfther staiu-'e. sha I tfie c o n s tr u e d '(ta rqean' J . mi y ; . L. t •//. ,ik ;:i \'.'t'01*4 VL* a n offence for. which the onepder.^on conviction, sijall be li'able by l a w i d b e j i i i n i s h e c l ^ p e a i f f q ; by ItnprfsOhriient in the $tat^;Prison.’“' j '• ' “ W e r e these persons, so disguised a'hd*4rmea, engaged m thg cqmqiission of, a cri.tn,e.fot\whjch they were liable tp be p u n i s h , ^ >jii a staje.p.ris-. on? . In order to det^m ine,this,, to the statute bf '\v.hjc|i risa^;tliai. fevepy persop spirauy, or 'wpyjotner ^ ijsqenieaner, r,ln,jAyhich the. sttai 1 ’be 'chfi rge(ij,|b, b a v e (bpep commjjfo'd, b y sucfi .person, w h i l e axmed w i t h a sword, dirk^ fire-arms or othei^ofieftftiye.weapbri^ afid while .•having .his'face painjed, .covered,Jdi.sep')pre4,'.-or; othetiyise pqncealecl, fir having his- per-sfin so disgtlised, ^s.bJ Pfcvent hiriLfrom being identifi­ ed, s h a ll be punished by, imprisorime.nt in the county jail or by/fine not exceeding 0 2 5 0 t or by both such fine and im p r is o n m e n t; or by irnpris- onrrient in the state prison for two years, in the discretion of the Court before whom such con­ viction shall be hgd.’ , “T h e y werp then by being there disguised and armed, engaged jn ihe commission of a fel­ ony. because they were liable iu be punished by imprisonment in t h e state ptison. I give you the opinion pf the; c d h r t , in.relation, to .the law,, for the prisoner’s benefit, in order that he may except j f he chooses, It is m y .duty to do so — Tfie cour.t. criteria in. no doubt that all those tbpre disguised a n ffarm e d j- w e r e - e n g a g e d in t h e c o m - ntission of a felony. In this ca?fo each and a l I of them were guilty, of.mu.rder updor- the 3d subdivision of,the statute, which 1 have read to you, “ T h e next question ih this case is, was the prisoner there disguised and arm e d — p n gaged in the commission of a felony ? T h i s depends Upon lhe evidence. N e a r l y all the evidence on both sides is to this point. I do not in'end to dwell minutely on this point— as the counsel fiffifodbriie 4b) YVas thtpHsdn'er there disgui^' ed'afed-arin^iiY ?1Tt id-cidime^ by tffo (fro4fcution' that hfi v v a s-^uhder the Iftdidn^ hpfitip 6 tfyfo!id& t&ii-f+'ihnt he Marled fforff Secoi*d^s i n com p a n y Vvith otbors-^Vreni' bh^^td^ihe-groGhbl ^ Antf Jo t h e the atftbuSb, a n d tHen 'to ' the fifte ip front bf E a r l ’s, then irttfi the field w h e r e ine firing footf place* T h i s l f i thfe ihepryv,- : the part of ’^ fhe prosecution.- D a n i e r N o r t h r t f p \vas called a s fi witness by the people, a n d ’ it if proper thaVf should here s p e a k o f those persofis called by the people, w h o fir'e indicted for tlie s a me bfiftrice a s the p r i s o n e r ltd s undoubtedly true, w h e r e the prosecution <sealcs to convict ofr testiftibny of t b i f chaxacter,.that you should look at it Vvith scru*1 tiny, 'Y f itt will closely scan'thfi evidence— '' com p a r e it;catefu!ly— look at the- motwe, find find w h e t h e r tfie o fher facts c o rrespond. .. '! , “Northrbp testifies that pTispnftr was at EarllV on the 29th Jfily, 'the firsiday (of sfile,\ riot, dis­ guised and annecl ; that- he.'came to the'reri'def' voiis'; went to.:the house; gave notice' certain lime, a., ho rn would be., blowii; (biffs k* a .circafostauce.- H, L. RusSell and Fraffci^ Scott tes';ifie.d: tfiat'fhey went to Secord’s, found-fir man disguiseidand armed pretend in be asleep lying on ;tho.fforir there j- -that he’ was- rilectftd* their chief , Witness slates that he believed‘it: was prisoner ; ‘that he knew prisoner Wel l fi'a^ bad some .doubts; has thought it might h i f v e . be.en Hutheiio.rd ; bui has • no doubls -hoto sfnefe Rutberfand was sworn. • Part bf ihe t-e'stitrioff#’ •is positive,jaud pari isxir'cumstanifoh as to ihe prisoner’s' identity. In regard .to circumviantisl* evidence it rimy-.be Unsatisfactory ' and -tutiybe quite as satisfactory as positive testimony.— WheYe there is positive evidence; there may be perjury. *. In softaecases circftmstantiai evidence is- Miot'e satisfactory lhan • testimony positive,—^ This depehds ,upan;t-he tendency of those circum--' Stances; though the circum stances- 'should' be .closely 'scnnnt'dj yet they may be -Quite a s co&- clU&iy'e as!positive evidence. * i , “ T h e m fi re -other bcii cumstancefe u pon-i \v h Ihp 1 ihe- prosecution- r e ly. G i l b e r t M iner, p e b t g ^ ' ;i W ilson and GhasL'Neal were? caHe'd aUd ■ristiffr! t ed that prisoner, cam e i n t o the lot where M i n e f ,‘ Wasrait wrirk and. h a d a .cOni’.ersation j he said f h e 5 poss.e: were-after fiifn, A c . n ( J u d g e P a r k e r here'i pno‘ceede.d :bi:.i'efiy t o ; tecapituiate tfi'e iestimbny5' pfthose-witnesses ) : I t i s in.-proof t h a t priBofieft * went- rfrrim. there . { o 'J o h n F . ' Jersey’s.’ It iff *‘ claitoed.fiyvthe prosecution: that they liftve l ed that. •.pri.soGef fii-td' at S^eeie; this.’is nof fid-* cessaxy to c o a v ict-him; . but i t Jis a good' rea§0fi 1 for.putting him upon? his trial. J t i s not-ireces-^ sary in ihe view of the: c o u rt to p r o v e ’this* ‘‘A'ti / eflort lias been made b y the prisoner’s ' c o u n s e l >1 lb, impeach John .E. Jersey* a witness' s w o rn oh ” tfie part of the people. It is your, p e c u liaf pro- vinfee to judge whether die. is iihpeached. It rs '* proper for y o u . to com pa re. h is testimony'witfi that of-,Wilson aiid others'. .? A n o ther, circum- . stance ttrged By the pxosecdtidn againsfethe priS- * bneY is b is.attempt to escape-with.one Glivei--—» passing by t h e nam e of Calder, aftd that he was ! iound with arm s in his possession. It is aLb claimed by I t h e 1 prbseculiori t h a t his' testimony before th e G r a n d Jury militates against -bifft £L-.t He adm itted, t h e n .t h a t fip was at- Se'ftord’s ftn d > ‘ refosed to testifiy. jfartlier. Y o u , a f e to -W e igh e a c h c h 'c u m s tariG e ^ d c c o rding to the lestirftonv, ; ’ ! T h e defence .set ftp is,4hat the* prisoner ivas-' ■' at .home on the 7th of August. Peter D y g e r t 1- ? ]vas called a s a witness io prove this alibi~-\ie states that h e saw a, person he supposed to be thb prisoner, ,oh that day, isome 30 or 40 rods dis­ tant, at vvork in the field; would not be positive s it was the prisoner. * Alfeo, that prisoner’s gun c ’ was a t witness’s house 011 that day. B u r l w i l l - not comment on this testimony. Y o u will 'sed if h e stands impeached — y.QU will look atthe-dis- • , tanceand see how w e l l the witness could reedg* nize the prisoner 30 or 40:rods.off. Other tvfo * nesses were;ealied by pr]so,r»'er-^-(Jud‘ge Parker ' here, referred to the evid:ehee againg) but I fot*- -rf bear.. T h e s e are the outlines of the cafo^-thft prominent , points 'm a d e by both; counsel.5 Y o u v 2 are to weigh the evidence and -see; if there-iri'a'ril reasonable doubt of tfi’ft gu ilt *af the pHsbQer.ALp:! It rnust.be^ a ' f edsOnmbte: d’aubt. ' I f y u f i bDlievc^ %V in your minds that tlie prisoner: Was there d'is- guised and armed, engaged in thftconirnission of \ a felnnf, • you are; ‘.bound tb'CohviCtA' A mere possibility ofdoubt is.uorgrotmd’foharqtiittahi'* . [Judge P a r k e r here-al.lade.d to the ddses. read*,u by pi'ife'oner’;s counsel 40 s h o w the - d a n g e r o'f conviciiftg op cjicunlstaftiialevidence: ii wasvtrue thafeit’soiiietimes' happened that tn- d^ nocerit persofis were convi'cted-^sometimfts CW-T* victed '- on .positive. testiitiohjLj huc thatatlvfis no reason .whd the jury; should not lie ^dvefenfed-'by- ‘ ilfo law and ihe: facis.J ,;dd '? a- •■;. • “I ought perhaps (continued fie) at this 4ime ' \( to; nptjee some veniarks made bvahe.co’dnsftffon both sides> iMpcb :-has been said about'tbe-cdh-:1 >J't seq.u.e,nc.es of y o u f. vfir'dict. 5 -These ybu; ha ve ho-- C Jhingdp do;?vyitfi„ Jt has, a-lgo been said that per- ‘sons equally asTgffiltyftis t h e prisoner •hfaired)feeff,''-'i‘ ’suffnred.lo plead igni].ty df'inanslnughtei-. • ' T h i s j is-not .ft. <pxdper argum e n t. ^ T h i s '.ntay bri'thei''” case but yoft hav'e n o tfiingto do tvi}fi it. Wfien' *>r a Case is-hrbught befoiie.-a jury., it must be parsed' irpori- by itself..... Undoubtedly the prosecution'1? - had’d iright:tq. seldct: and' if.they thought s o m e ' :r' per-sons more gn.il.iy than others, il ' t\‘.as-their ' .dtiVv: to select those, persons for trial. • '4 * “ T h e r e . i s no pardoning power vested either ' ifi the court or j u r y . A s t e r n duly rmist-be dis- \qhargad^w i t h o u t'sym p a t b y or feeling. T h e r e j’s g r e a t respqris-iblity resting- o p o n y o n - ^ a paiift- 1 (fuiy], but you- m,ust,disc b a rge .it. T j e a y f i : n 7 I . JVD * r ~ ‘ > - - • f . ... ” * 1 have no reason to amicipate t n a ^ v q q p i l l noL ^ great deal of time has be}en, ceri.surrsed jn thia ^ trial, Cjidjherejs, no reason -io suppose .qriqthgif ni/ofeiijtely to .agree! \Nd’ pe}-’, .j son s h o u ld fie,so ’fixed in his mind as lo be.una-, . X- r J '■ ■ •' ** * •* r -• '«L*' ft. ' T . .'i 'hit- Die lo 3.1 a tan; verdict. 1 l e q v e tne Qase ,1 you gentleoiei),:confident of y o u r abilily. 4 o.cqmQ to a correct and unbiassed conclusion:” \ t r, , T h e j u r y carfie into C.Qar.t, thjs m o r n i n g iat-^ o’filock ,a,nd;Vehdered a verdict oi oftiLTy jiDg ■ . m u r r l r I , Scarcely any emotion was exhibited, by t h e prisoner. T h e same sullen and fixed Uoftnten- ance which he had vvorn durjnor the whole trial, si ill was there. A slight quiver o f t h e lip. was all the perceptible difference from bis usual de­ meanor. M a n y e f i h . e j u r y were in tears.-— Some wept like c h i l d r e n . I t was a touching ar.d m e lancholy speciacle to look upon those men in the j u r y box. of a g e and experienceyvith tears gushing from their eyes, and coursing down their f u r / o n ed cheeks, as they each gave forth their verdict, which was to lake the life,of % fellow being so voupg in years, and hurry hini into the presence of bis M a k e r — and then la ,, behold t h e indifference o f the young man whose. •cjoom they were pronouncing. B u t l f o i b e a r . ; - The Court, after receiving the verdict, took, h recess until 10 o’clock. SENTENCE OF TH E FRISONEKS. . L o n g before the hour to which the C o u r t , stood adjourned, persons began tq flock in, Ma* ny little g roups were collected around tbe court room, speculating upon the, n a ture of the various sentences that were soon to b e passed; and ma-, . . r . > ‘ . . < ny with eager countenance.® were enquiring whether those found guilty of murder, would be

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